Time To Depolarize Terror Policy

National Journal
March 13, 2010

Corrected at 3:00 p.m. on March 12.

For far too long, public debate about terrorism has been dominated by right-wing and left-wing ideologues. In this corner, the Cheneys and their allies. In that corner, the American Civil Liberties Union, gonzo House Democrats and academics, and their allies. In neither corner, common sense.

Typifying the quality of the debate was the ACLU's wildly overstated full-page ad in The New York Times on March 7 darkly suggesting that President Obama would be subverting "our Constitution and due process" if he abandons his administration's politically toxic plan to move the prosecution of five accused 9/11 conspirators from a military commission to a federal civilian court. The centerpiece of the ad was a drawing of Obama's face morphing into that of George W. Bush -- who seems to be more hated in ACLU-land than Osama bin Laden.

Meanwhile, hard-right conservatives including Liz Cheney and William Kristol have been running a deeply misguided campaign, including a video emblazoned with "DOJ: Department of Jihad," to smear as disloyal several lawyers now working in the Obama Justice Department. They previously represented Guantanamo detainees or sought due process protections for people who might be innocent.

The best hope for replacing this sterile right-left shout-fest with a bipartisan, commonsense approach to terrorism may be the diligent efforts of Sen. Lindsey Graham, R-S.C., to find common ground with the Obama administration. And the time is ripe for the president to realize that a grand bargain with Graham -- including comprehensive legislation on how to handle suspected terrorists, closing the Guantanamo prison camp, and related issues -- could help him recover from blunders such as seeking to try the 9/11 defendants in Manhattan.

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